HomeMy Public PortalAboutCouncil Minutes 2006 03/23c.
MINUTES
McCall City Council
Regular Meeting
March 23, 2006
TABLE OF CONTENTS
CALL TO ORDER AND ROLL CALL
PUBLIC COMMENT
CONSENT AGENDA
BUSINESS
REPORTS
COMMITTEE MINUTES
ADJOURNMENT
CALL TO ORDER AND ROLL CALL
Mayor Robertson called the regular meeting of the McCall City Council to order at
6 p.m. Council Member Bailey, Council Member Bertram, Mayor Robertson, and
Council Member Scott answered roll call. A quorum was present. Council
Member Kraemer was absent.
Bill Nichols, City Attorney, was present.
City staff members present were Lindley Kirkpatrick, City Manager; Rick Harvey, Airport
Manager; Brock Heasley, Parks & Recreation Director; Jerry Summers, Chief of Police;
Roger Millar, Community Development Director; and Joanne York, City Clerk.
Mayor Robertson led the audience in the Pledge of Allegiance.
PUBLIC COMMENT
ROBERTSON called for public comment at 6:05 p.m. He asked the public to
withhold comments concerning watercraft until the Business section.
Jim Hinson announced that the special speaker at the Chamber of Commerce May
luncheon will be a general who will share his experiences while stationed in Iraq.
BERTRAM expressed the Council's appreciation to the Chamber for all of the work they
had done this past year.
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Hearing no further comments, ROBERTSON closed the public comment at 6:11
p.m.
CONSENT AGENDA
There was a brief discussion concerning the Consent Agenda.
BERTRAM moved to approve the Consent Agenda and authorize the Mayor to
sign all necessary documents. BAILEY seconded the motion, and the motion
carried.
BUSINESS AGENDA
AB 06-64 Federal Aviation Administration Grant for the Airport Master Plan
Rick Harvey, Airport Manager, introduced this agenda bill, stating that the Federal
Aviation Administration will pay 95%, and the City and the State will each pay 21/2%.
There was a brief discussion concerning airport issues, including relocation and the
feasibility of having a regional airport.
BAILEY moved to approve the Federal Aviation Administration AIP Grant for the
Airport Master Plan and Independent Cost Review, and authorize the Mayor to
sign all necessary documents. BERTRAM seconded the motion, and the motion
carried.
AB 06-65 Federal Aviation Administration Grant for Loader, Asphalt Repairs, and
Fencing
Rick Harvey, Airport Manager, introduced the agenda bill, explaining the breakdown of
costs.
SCOTT moved to approve the Federal Aviation Administration AIP Grant, and
authorize the Mayor to sign all necessary documents. BERTRAM seconded the
motion, and the motion carried.
AB 06-67 VAC-06-1 Vacation of Spring Mountain Boulevard
Roger Millar, Community Development Director, stated that the purpose of this agenda
bill was to clean up differences between the old Right -of -Way and the new Right -Of -
Way. ROBERTSON asked when the road would be finished; Mr. Millar stated the road
should be completed by next summer.
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BAILEY moved to adopt the draft Findings and Conclusions for VAC-06-1 and
authorize the Mayor to sign all necessary documents. SCOTT seconded the
motion, and the motion carried.
AB 06-69 Special Use Permit and Concession Agreement between Payette Lake
Scenic Cruises and the City of McCall.
Brock Heasley, Parks & Recreation Director, gave a short presentation on the history
and current status of watercraft use at Legacy Park
The Council discussed ways to protect the public beaches from being overrun by
private businesses. They emphasized that the business operation was secondary to
public use of the beach, that the public had the first right to the space, and that the
private dealers could not interfere with the public use.
ROBERTSON called for Public Comment on the special use agreements.
Bill Weida stated that approval of these use permits would establish a licensed
monopoly causing prices to go up for the consumer due to the lack of competition.
Shane Hinson discussed the noise level statistics for new watercraft, stating that the
noise levels have come down with the newer four stroke models.
Jim Hinson spoke on behalf of the Chamber of Commerce, stating that the Chamber
received many requests for pamphlets for the watercraft rental industry, and urged the
Council to approve the permits.
Doug Masteller stated the permits were an inappropriate use of public property.
Marilyn Arp stated her appreciation to the Council for trying to solve a problem, but
agreed that the permits were an inappropriate use of public property. She said that the
rates were too low and should be based on what Mile High Marina was paying.
Jean Odmark stated she was against using the public beach for private businesses.
ROBERTSON clarified that the permits would not create a new use on the lake.
Ed Elliott stated the commercial use of the Take was not appropriate and he was against
it.
Rick Fereday stated he was concerned about the lack of public involvement in the
decision -making process.
ROBERTSON again reminded the audience that these permits would not address a
new use.
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Mr. Fereday replied that past use did not guarantee future use. He suggested the
possibility of watercraft businesses renting space from Mile High Marina.
BERTRAM suggested this issue should be included in the Urban Renewal
improvements discussions later this year.
Diane Evans -Mack stated there had been a lack of public information. She also stated
that regulations should include bounds on activities, including time, and that the fees
should be much more.
Eddie Gray said the beach was still a public beach and there needed to be
communication between the public and the businesses.
Jim Hinson, Jr., said he was in favor of allowing a small area of the beach for the
business owners.
Don Parkin said this was an issue that should be discussed but it would be wrong to tell
the business owners three months before the season that they would not be allowed to
conduct business.
Bruce Miller stated there are more people coming to the beach now and the beach
should be left to the public.
Ray Dupree stated that McCall was a tourist town and tourism was its life blood. He
reminded the Council that concessions on the lake have been going on for twelve
years.
Andrew Cochrane stated he was against the special use permits.
Susan Bechtal stated that historical use did not constitute continued use
Bill Weida said this was creating an antithesis to free enterprise.
Curt Mack said that there had not been sufficient public involvement, and that the
regulations did not address the hours of operation.
ROBERTSON explained that the City could not regulate use of the lake, but only the
shoreline and what crossed that line. He said that the majority of the two stroke water
craft were privately owned and out of the City's control.
Bruce Miller said the City was responsible for the area from the high water mark up and
asked for clarification concerning that area. Mr. Kirkpatrick responded that the
concessionaire agreements were for the use of the park which was above the high
water mark.
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BAILEY asked if the City limits extended past the lake. Mr. Kirkpatrick replied that the
City has control over the no -wake zone, some zoning and land use issues etc. Mr.
Kirkpatrick explained that there was overlapping jurisdiction between the different
entities that control the lake, without clear authority over use in general.
Chuck Whitescarver explained that the area of beach they used was not an area
conducive for public enjoyment.
There was a lengthy discussion concerning long-range planning and options for
handling increased use of the beach.
Burt Kilesza said it was inappropriate to use public beach for private enterprises.
Doug Masteller stated that the areas for public use should be contiguous.
Ed Elliott said that by signing these agreements, the City would be condoning a
particular type of activity and should consider the liability issue.
Les Bechtal asked whether other types of businesses would be approved for special
use. ROBERTSON replied would be addressed during this process. Mr. Kirkpatrick
stated that other businesses would be denied applications for this season.
BAILEY asked if the liability issue would be greater because of having the use
agreements. Bill Nichols, City Attorney, replied that the agreements improved the City's
protection and that the City's exposure was actually very limited.
Jim Hinson said the different sides need to come together and make a presentation to
the Council for next season. He urged the Council to approve these permits.
Jean Odmark again stated her opposition to the permits.
Esther Mulnick said the citizens had passed the bond measure in order to have a public
beach.
Darrell Cobb said the beach was used for personal watercraft, not just private business.
Shorty Clark recommended that the Council approve the agreements for this year and
then host a major public discussion of the use of watercraft.
There was discussion of how to enforce non-interference of the businesses with public
use. Mr. Kirkpatrick stated this would be one of the responsibilities of the Boating
Ambassador.
BERTRAM provided a clerical correction to the agreements.
Rick Fereday again stated this was an inappropriate use of the public beach.
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ROBERTSON closed the Public Hearing at 9:50 p.m.
There was a lengthy discussion concerning what hours of operation would be
appropriate and how many watercraft should be in use.
City Manager Lindley Kirkpatrick summarized the public comments into four specific
issues:
1. The use was not appropriate.
2. The hours of operation were too long.
3. The fee was too low.
4. Too much of the beach was dedicated for this use.
The Council agreed that long-term planning was necessary and should be facilitated
through Urban Renewal.
BAILEY moved to authorize the City Clerk to issue a Special Use Permit to
Payette Lake Scenic Cruises for the use of the southerly face of the southernmost
dock at the Municipal boat launching ramp near the west end of Fir Street and
approve the concession agreement with Payette Lake Scenic Cruises, with one
clerical correction, contingent upon submission of a hold harmless agreement
and insurance in favor of the City and authorize the Mayor to sign all necessary
documents. BERTRAM seconded the motion. In a roll call vote, BAILEY,
BERTRAM, ROBERTSON, and SCOTT voted aye, and the motion carried.
The Council decided that since AB 06-69, AB 06-70, and AB 06-71 were so similar, no
further discussion was necessary.
AB 06-70 Special Use Permit and Concession Agreement between McCall Power
Sport Rentals and the City of McCall.
BAILEY moved to authorize the City Clerk to issue a Special Use Permit to McCall
Power Sport Rentals for the use of the southerly face of the southernmost dock
at the Municipal boat launching ramp near the west end of Fir Street and a portion
of the City Beach and approve the concession agreement with McCall Power
Sport Rentals, with the amendment of revising hours of operation, number of
watercraft and one clerical correction, contingent upon submission of a hold
harmless agreement and insurance in favor of the City and authorize the Mayor to
sign all necessary documents. BERTRAM seconded the motion. In a roll call
vote, BAILEY, BERTRAM, ROBERTSON, and SCOTT voted aye, and the motion
carried.
AB 06-71 Special Use Permit and Concession Agreement between Cheap Thrills
and the City of McCall.
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BAILEY moved to authorize the City Clerk to issue a Special Use Permit to Cheap
Thrills for the use of the southerly face of the southernmost dock at the Municipal
boat launching ramp near the west end of Fir Street and a portion of the City
Beach and approve the concession agreement with Cheap Thrills, with the
amendment of revising hours of operation, number of watercraft and one clerical
correction, contingent upon submission of a hold harmless agreement and
insurance in favor of the City and authorize the Mayor to sign all necessary
documents. BERTRAM seconded the motion. In a roll call vote, BAILEY,
BERTRAM, ROBERTSON, and SCOTT voted aye, and the motion carried.
AB 06-74 Second Amendment to Water Line Performance Agreement for Timber
Crest Countryside (SUB 04-15)
Roger Millar, Community Development Director, introduced this agenda bill, explaining
that weather conditions had delayed construction and the applicant wished to amend
the agreement to change the date to May 1, 2006. Mr. Millar stated that the City
Attorney had reviewed and approved the amendment.
There was a short discussion concerning the agreement.
ROBERTSON moved to approve the Second Amendment to the Performance
Agreement and authorize the Mayor to sign all necessary documents. BAILEY
seconded the motion. In a roll call vote, ROBERTSON, BAILEY, BERTRAM and
SCOTT voted aye, and the motion carried.
AB 06-73 Mountain Meadows Regional Lift Station - Second Amendment to
Lease/Option Agreement
Mr. Millar, Community Development Director, introduced the agenda bill. There was a
brief discussion.
BAILEY moved to approve the Second Amendment to the Lease/Option
Agreement and authorize the Mayor to sign all necessary documents. BERTRAM
seconded the motion. In a roll call vote, BAILEY, BERTRAM, ROBERTSON, and
SCOTT voted aye, and the motion carried.
REPORTS
Lindley Kirkpatrick, City Manager, emphasized a few highlights of his report, which had
been distributed to Council, including the $50,000 donation from the estate of Nell
Tobias received by the Library.
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ADJOURNMENT
Without further business, BAILEY moved to adjourn. ROBERTSON seconded the
motion, and the motion carried. The Council adjourned at 10:54 p.m.
William A. Robertson, Mayor
ATTEST:
Joan4ie E. York, City CLerk
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